The Hercules Plant
Hazardous Waste Facility Permit is up for renewal and will be the subject of
a September 13,
2007, 6:00 to 8:00 PM Public Hearing at the Brunswick Library.

What the Permit Covers

The permit regulates
how much waste can be stored at the Hercules Plant, and more importantly,
lists all the toxic waste sites at the plant. Additionally, the Georgia
Environmental Protection Division (GA-EPD) is to list the “Schedule of
Compliance” for the investigation, cleanup plan development, and cleanup of
toxic wastes that have been spilled or otherwise released at the plant.

Schedule of Compliance to Investigate and Cleanup Toxic Waste Sites

The permit, as
currently written, does not have a Schedule of Compliance for Hercules to
investigate, develop cleanup plans, or actually cleanup any of the 39 known
or suspected toxic waste sites at the Plant. Previous permits, going back
to 1987, have ordered Hercules to report actual or suspected toxic waste
sites at the plant, investigate these areas, and develop and implement
cleanup plans. Contrary to what the permit has ordered Hercules to do,
documents from the Plant indicate that efforts have been made to keep the
GA-EPD from discovering all the toxic waste sites. In January and February
of 1999, during an EPA investigation of the Plant, 28 more toxic sites were
discovered.

The
Law Requires the GA-EPD to Put a Schedule of Compliance in the Permit

The GA-EPD is allowed
by the EPA to issue Hazardous Waste Facility Permits using the guidance
provided in the Code of Federal Regulations (CFR), specifically Title 40 CFR.
Under the law, a schedule of compliance is required with specific goals and
timetables, when appropriate. Since Hercules has failed to complete the
investigation of the Plant in 20 years, a Schedule of Compliance is
appropriate.

Has
Hercules Made Any Progress In Investigation or Cleanup of the 39 Toxic
Sites?

Hercules has done some
work on investigation at the Plant, but the work has been substandard and
received many Notices of Deficiency from the GA-EPD. In 20 years, Hercules
has failed to complete investigation of the plant, which is the first step
in developing cleanup plans.

The
Hercules Plant has failed to complete investigation of the Plant in 20 years
or make significant progress in cleaning up the 39 toxic waste sites
discovered to date.